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SAG-AFTRA members received information regarding Artificial Intelligence in the 2023 TV/Theatrical Contracts on Sunday, 12 November. Unfortunately, the opinion from SAG-AFTRA members on A.I. is understandably against the usage of Artificial Intelligence in their contracts. Multiple members of the union have openly stated their opinions on the matter and some are even encouraging other members to not allow such things in their contracts and ask for it to be cut entirely.
SAG-AFTRA went on strike during the summer of this year and did not end until early November, after 118 days on strike. After the strike came to an end, several member meetings took place informing members of the union what the newly secured tentative agreements stated. This includes A.I. and how it will use SAG-AFTRA members’ physical participants to be portrayed in scenes they didn’t actually shoot. This is called the ‘Employment-Based Digital Replica’. It will require mandatory consent from performers in creating their digital-replicas. If consent is not obtained before death of the member, then it must be obtained from an authorised representative or the union itself. The SAG-AFTRA members would have clear contracts with a ‘reasonably’ specific description of the use of the digital replica with additional consent required for additional projects. Members that consent to have their digital replica used would be entitled to compensation including pension and health and residuals.
This is different from the ‘Independently Created Digital Replica’ where replicas of SAG-AFTRA members would be created using pre-existing materials and used to portray the performers in scenes they didn’t actually shoot. Producers would still have to acquire consent prior to use from either a living member, or a representative, or the union itself if the member is already deceased. The contracts would still need to state ‘reasonably’ specific description of the use of the digital replica. Compensation would be freely bargained and any compensation gained would be paid to the performer subject to pension, retirement, and health contributions.
Some members who have openly stated their opinions had this to say:
“The point wasn’t that we wanted compensation for our digital likeness, the point was that we didn’t want someone owning our digital likeness in the first place.”
“HOW exactly does this work? Are you opening a SAG AFTRA dedicated AI department? How long are our digital doubles stored? Episode by episode? Season by season? In perpetuity? Where are they stored? How are our likenesses protected from data breaches? Who decides what is “reasonable intent”? Is that case by case between individual actor and production? Can and has SAG AFTRA stipulated to the AMPTP what IS and what IS NOT reasonable? If not, why not? How are actors who perform in prosthetic make-up (like me) protected? That’s not my likeness, but does that mean productions can use it without pay? Who in production decided how long our digital double would have worked if it were a real person on set? Line producer? 1st AD? Would that take overtime and meal penalties into account or that doesn’t apply to digital facsimiles? Will SAG-AFTRA demand a paper-trail for claims? Can SAG-AFTRA demand that digital doubles appear on call sheets on the days they are used? If not, why not?”
“Vote no for this contract- we can do better for everyone to protect everyone’s future!! EVERYONE’S future livelihood is on the line right now!!!”
Janine has always been a part of music and performing. The first show that inspired her to go into theatre was the Velveteen Rabbit which she saw as a child, and Drew works to keep that magic alive in her work. When Drew was accepted into an internship program for audio engineering at a recording studio, she jumped at the opportunity. That was at the start of 2020, and so much has happened since then, both in her career and in the world. Since then, Drew has taken several opportunities to work at recording studios, concerts, festivals, and even large theatres while spending some time on tour. Drew's favorite by far though, has been the chance to work on Broadways and West End shows, as this was a dream come true. Drew is honoured to get to share these experiences from being inside the entertainment industry.
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